Defenses

There are some important defenses to consider in statutory rape cases.

Mistake as to the victim’s age

In many states, it is never a defense to a charge of statutory rape that the defendant believed the victim to be of age. However, Illinois law provides a limited defense in some circumstances.

It is a defense to a charge of criminal sexual abuse that the defendant believed a child between the ages of 13 and 16 to be 17 years old or older. It is also a defense to a charge of criminal sexual abuse that a defendant under the age of 17 believed a child to be over the age 17. In both situations, the defendant must have a good reason to believe the child is over the age of 17.

If, for example, the defendant knew that the child was in middle school, the defendant would probably not be able to show that he or she reasonably believed the child to be over 17.

(720 Ill. Comp. Stat. § 5/11-1.70.)

Marriage

In many states, a person cannot be convicted of statutory rape of their spouse, but marriage provides no defense in Illinois.

Punishment

Aggravated sexual abuse is a Class 2 felony, punishable by three to seven years in prison.

If the “Romeo and Juliet” exception applies, sexual abuse is a Class A misdemeanor, punishable by up to one year in jail, up to two years of probation, and a fine of up to $2,500.

Sexual assault against a child under the age of 13 is a Class X felony, punishable by six to 30 years’ imprisonment. Otherwise, sexual assault is a Class 1 felony, punishable by four to 15 years in prison.

In addition to a term of imprisonment, felonies are also punishable by a fine of up to $25,000.

Sex Offender Registration

Under Illinois’s laws, people who are convicted of sexual assault or sexual abuse are required to register as sex offenders.

(730 Ill. Comp. Stat. §§ 150/2, 150/3.)

Obtaining Legal Assistance

If you are charged with sexual assault or sexual abuse as a result of consensual sexual activity with someone underage, you should contact an Illinois criminal defense attorney. An attorney can explain the legal process to you and help you obtain the best possible outcome in your case.